Juvenile justice: Rules by TN inadequate, says Madras High Court

Madurai: The Juvenile Justice (Care and Protection of Children) Rules 2017 framed by the Tamil Nadu Government was not in conformity with the Model Rules of the Central government, the Madras High court Madurai bench has said.

“Even though the Model Rules framed by Central government provides for constitution of Selection Committee with a Judge of the High Court, the relevant rule framed by the State Government provides that the Selection Committee would comprise the principal district and sessions judge as its chairperson...,” said a division bench comprising Justices K K Sasidharan and G R Swaminathan, while giving liberty for the petitioner to file appropriate application to challenge the State rule.

The court made this observation on the petition seeking to issue direction to the State government to select the members of Juvenile Justice Boards and chairman's and members of the Child Welfare Committees across the State following the Model rule framed by the Centre.

On the petitioner's another plea to issue direction to the government to establish rehabilitation centres for mentally ill or addicted to alcohol or drugs affected Children in all the districts, the judges said that the government appears to have taken action for establishing rehabilit-ation centres in eight observation homes across the State.

The Commissioner of Social Defense, Chennai has also forwarded the proposal to the government for establishing one de-addiction centre on a pilot basis at Chengalpattu, attached to the observation home there. And the proposal was made for Rs 29, 96,400.

And for the children, who have been neglected by their parents and guardians on account of their physical deformity and more particularly, mental and physical disability, the government was providing accommodation at Bala Vihar in Chennai for Children in the northern districts and Children's home under Arivgam Children home for the mentally and physically challenged from the southern districts, said the court.

The Judges directed the government to consider the proposal for establishment of rehabilitation centres in the eight observation homes and pass appropriate orders as earlier possible.